Hi Aaron, happy to help out with this if you would like some further advice on this , please email me on myriamdotmitchellatcopelandashcroftdotcodotnz . A privacy policy is recommended here.

Hi Michael,

We’ve been discussing within our team at Copeland Ashcroft Law what the proposed Bill might mean for some of our clients and businesses that we assist. We received a couple of client queries our way (similar to the ones you’ve been asked) so we decided to run a webinar recently.

We covered off some the FAQs including whether cannabis would be legal straight away, whether a duty manager is required for consumption premises, and what the deal is with working while impaired. We also talked about obligations under the Health and Safety at Work Act 2015 and the need to have robust drug and alcohol policies in place.

Feel free to watch the recorded live stream of our webinar here – there is a link at the bottom of the page: https://www.copelandashcroft.co.nz/free-webinar-regulating-and-controlling-the-workplace-preparing-for-the-upcoming-cannabis-referendum/

There are also some great resources here that collate some of the leanings from Canada:
https://www.zeroharm.org.nz/resources/risk/managing-cannabis-impairment-risks-at-work/

Drug testing under reasonable cause should be specified in a drug testing policy. The policy should clearly set out under what circumstances reasonable cause testing may be required. A best practice policy will include a list of potential behaviours that might be considered to indicate drug use e.g drowsiness, inattention, erratic behaviour etc. The person being tested should be advised of the grounds on which the reasonable cause is based.

In terms of the testing itself, this should be undertaken by an accredited drug testing agency. Any consent forms and other forms required by the accredited agency will need to be completed and the identity of the person will also need to be confirmed. We recommend urine testing as this is the most reliable method of testing for drugs.

The threshold of establishing a “good reason” to refuse a drug test is high. For example, an employee who goes on stress leave and is signed off as medically unfit for work was not held to be a “good reason” for refusing a drug test in a recent case. The only case I know of where refusal to undergo a drug test was held valid was when the employee was attempting to obtain legal advice from his union in relation to the drug test and this advice was not immediately available.

Let me know if you need any further assistance.